Agreement Between the State of Maryland, Department of Labor, Licensing and Regulation, and (insert recipient)

Concerning the Disclosure of Confidential Data

I. Parties to the Agreement

This agreement is between the State of Maryland, Department of Labor, Licensing and Regulation, Division of Unemployment Insurance (DLLR), and (Recipient).

II. Purpose of this Agreement and Legal Authority

A. The purpose of this agreement is:

  1. To comply with 20 CFR part603.5(f)which requires a state Agency disclosing confidential Unemployment Insurance data (Confidential UI data) to a contractor of a public official to enter into an agreement with the contractor of the public official which contains the requirements set forth in 20 CFR part 603.10; and
  1. To provide DLLR assurances thatRecipientwill comply with all of the applicable requirements of 20 CFR part 603 and Maryland law regarding data security, confidentiality, and cost reimbursement;

III. Manner in which data will be provided by DLLR

As per the terms of the Contract and Section 3.4.5(E)(4) of the Request for Proposals, DLLR will Recipient monthly the file of New Employers.

Recipient shall compare the current UI employer file with the previous UI employer file to identify new employers and employers that are no longer reporting new hires. The Contractor shall update the MSDNH database within five (5) days after receipt of the DLLR employer file.

Only the confidential information identified in this Agreement and no other information will be disclosed, and this disclosure will be only Recipient and its agents identified in Attachment A. No other individuals will receive any confidential information.

IV. Data Security and Confidentiality

  1. Recipient provides assurance that Recipient will abide by rigorous procedures to protect the confidentiality of data and to ensure that all confidential UC information will be safeguarded, as required by 20 CFR part 603.9 and state law, against unauthorized access or re-disclosure. Recipient will, in regard to all data:
  1. Use the disclosed data IF A PUBLIC OFFICIAL [only in the performance of its official duties and] for purposes authorized by law and consistent with this Agreement.
  1. Store the data in a place physically secure from access by unauthorized persons.
  1. Store and process the data maintained in an electronic format, such as magnetic tapes or discs, in such a way that unauthorized persons cannot obtain the information by any means.
  1. Undertake precautions to ensure that only authorized personnel are given access to the disclosed data stored in computer systems;.
  1. Make the data accessible only to those agents and/or employees of the Recipient who require the data in the official performance of their job duties. All data will be kept in the strictest confidence and will be made available to Recipient’s staff on a “need-to-know” basis.
  1. Instruct all personnel having access to the disclosed information about confidentiality requirements of this Agreement, the applicable Federal and State confidentiality requirements, the requirements of this Agreement, and the sanctions specified in the State and Federal law for unauthorized disclosure of information.
  1. Sign an acknowledgement that all personnel having access to the disclosed information have been instructed in accordance with Paragraph 6 of this Section of this Agreement and will adhere to DLLR’s confidentiality requirements and procedures that are consistent with 20 CFR Part 609(b) and with this Agreement, and agreeing to report any infraction of these rules to DLLR fully and promptly.
  1. Dispose of information disclosed or obtained, and any copies thereof made by the recipient, agency, entity, or contractor, after the purpose for which the information is disclosed is served, except for disclosed information possessed by any court. Disposal means return of the information to DLLR or destruction of the information, as directed by DLLR. Disposal includes the deletion of personal identifiers by DLLR in lieu of destruction. In any case, the information disclosed must not be retained with personal identifiers for longer than such period of time as DLLR deems appropriate.
  1. Maintain a system sufficient to allow an audit of compliance with these safeguard provisions.
  1. Give access to DLLR for on-site inspection to make sure that the requirements of the State’s law and this Agreement are met. All costs for such inspections shall be the sole expense of Recipient.
  1. Adhere to subsequent Federal and State guidelines on data handling during the duration of this agreement and promptly and fully report any infractions to DLLR.
  1. Notify DLLR immediately of any public information requests, subpoenas, or judicial orders relating to the data that has been released to Recipient and to cooperate fully with opposing the disclosure of confidential data, if necessary, as provided in 20 CFR Part 603.7.
  1. Defend, indemnify, and hold DLLR harmless for any actions, lawsuits, or legal claims brought as a result of negligence on the part of Recipient in handling the data.

V. Breach of Confidentiality Provisions

A. Failure by Recipient to adhere and comply with any provision set forth in this Agreement shall be considered a breach of the agreement and may result in the immediate suspension of the Agreement. In the event of the Agreement’s suspension, further disclosure of any information provided to Recipient under the terms of this Agreement shall be discontinued until such time that Recipient has taken appropriate corrective measures to cure the breach, and DLLR is satisfied that such corrective measures have, in fact, cured the breach. Failure by Recipient to take satisfactory and prompt measures to cure the breach may result in the immediate cancelation of the Agreement and the Contract. In the event of the Recipient’s failure to comply with this paragraph, thereby resulting in cancellation of the Agreement, all confidential or other information obtained under this Agreement, including any copies, shall be immediately surrendered and returned to DLLR.

B. In addition to the actions required to be taken under paragraph A of this section, DLLR is required by federal law to take any other action under this Agreement or other law of the State or the United States to enforce the agreement and to secure satisfactory corrective action or surrender of the information, including seeking damages, penalties, and restitution as permitted under such law for any charges to granted funds and all costs incurred by DLLR in pursuing the break of agreement and enforcement of the agreement.


The services provided by Recipient pursuant to the Contract benefit DLLR, and therefore, there is no cost associated with providing the data.

VII. Term of the Agreement

This Agreement will be effective as of the date the Contract is signed and will continue in effect as long as the Contract is in effect.

However, this Agreement is subject to immediate cancellation by DLLR for failure of recipient to adhere to any provision set forth in this Agreement.

VIII. Contact Information

The point of contact for DLLR for issues related to this Agreement will be:(to be provided at Post-Award Conference. See Section 3.7)

The point of contact for (Recipient) for issues related to this Agreement

will be:

IX. Signatures

The signatories below agree to the terms and conditions of this Agreement on behalf of the parties to this Agreement.

State of Maryland, Department of Labor, Licensing and Regulation


(Name) (Date)



(Name) (Date)